How is that for a thought experiment?
Say I build a self-driving car, that when faced with such cases does the equivalent of "Jesus take the wheel". This is well known by the owner of the car.
In case of injury or death, who should go on trial?
Ooooh... I like that! There's bound to be a large body of case law on it. This argument (a) suggests that the person(s) constructing and/or maintaining a machine are culpable
Rule Two:
Intervene only if it doesn't mean killing a person who otherwise would not die.
Done.